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Asset Privatization Trust vs CA, Jesus Cabarrus, Sr., et al [DISSENTING OPINION, ROMERO, J.]

ASSET PRIVATIZATION TRUST, petitioner vs. COURT OF APPEALS, JESUS S. CABARRUS, SR., JESUS S. CABARRUS, JR., JAIME T. CABARRUS, JOSE MIGUEL CABARRUS, ALEJANDRO S. PASTOR, JR., ANTONIO U. MIRANDA, and MIGUEL M. ANTONIO, as Minority Stock Holders of Marinduque Mining and Industrial Corporation, respondents. [DISSENTING OPINION, ROMERO, J.]

G.R. No. 121171 | 1998-12-29

DISSENTING OPINION 

ROMERO, J.:

In the instant petition for review on certiorari, petitioner Asset Privatization Trust (APT) is impugning the decision of respondent Court of Appeals in CA-GR SP No. 36484 dated July 17, 1995, grounded upon the following assigned errors which it had allegedly committed: 

1) The Court of Appeals erred in not holding that the Makati Regional Trial Court, Branch 62, which had previously dismissed Civil Case No. 9900, had lost jurisdiction to confirm the arbitral award under the same civil case and in not ruling that the application of confirmation should have been filed as a new case to be raffled among...